ORDER
D.R. Dhanuka, J.
1. Heard learned Counsel for the appellants as well as learned Counsel for respondent No. 2. Respondent No. 1 is duly served.
2. For the reasons briefly Indicated hereinafter, we modify the impugned order dated 4th October 1994 as under :
The application under Section 140 of the Motor Vehicle Act, 1988 is hereby granted and an amount of Rs. 25,000/- is awarded to the claimants. The liability of the owner of the bus, that is, Kadamba Transport Corporation bus No. GDX-95, that is respondent No. 2 as well as the liability of the owner of the scooter bearing No. GA-02/6/3/57, that is, claimant No. 1, shall be joint and several. The claimants shall be at liberty to recover the entire sum of Rs. 25,000/- from either of the vehicle owners.
It is hereby clarified that the direction for apportionment of the liability contained in the impugned order dated 4th October, 1994 is deleted in view of the clear provision of law contained in Section 140(1) of the Motor Vehicles Act, 1988. The Court is informed that the respondent No. 2 has deposited a sum of Rs. 12.500/- with the Motor Accident Claims Tribunal, South Goa at Margao. The claimants shall be at liberty to withdraw the said amount. The claimants shall be also at liberty to recover the balance of the amount from either of the owners of the two vehicles indicated above in accordance with law.
3. On 12th February, 1993 an accident took place, as a result whereof Master Gourish Vishnu Chowgule alias Kumbhar unfortunately died. The said accident involved a bus belonging to M/s. Kadamba Transport Corporation Limited and the scooter referred to in the earlier part of the order. A claim was filed by the appellants herein before the Motor Accident Claims Tribunal, for direction to respondent No. 2 to make the payment of Rs. 25.000/- on account of no fault liability’ vide Miscellaneous Claim Petition No. 283 of 1993 in Claim Petition No. 253 of 1993. The Learned Presiding Officer of the Motor Accident Claims Tribunal, South Goa, apportioned the liability between the claimant No. 1 and respondent No. 2 and thus restricted the liability of respondent No. 2 to the extent of 50% of Rs. 25,000/- only. Section 140(1) of the Act clearly provides that where a death or permanent disability of a person has arisen out of an accident out of the use of the vehicles, the owners of the vehicles shall be jointly and severally liable to pay the amount of compensation an account of no fault liability as provided In the said section. Thus the Act does not make any provisions for apportionment of the liability in so far as the claimants are concerned. The claimants are entitled to recover the prescribed amount on account “no fault liability” from either of the owners of the vehicles on the footing that the said liability is joint and several. We need not decide the issue as to whether respondent No. 2 is entitled to recover any pro rata amount in its turn from claimant No. 1.
4. In these circumstances we have modified the order under appeal. No. order as to costs.